August 7, 2018
Complying With Anti-Harassment Training Requirements in California
Posted by Tameka Young
In the changing landscape in the wake of the #MeToo movement, employers need to be more diligent than ever when it comes to protecting their employees from harassment. One of the more proactive ways to be a compliant employer in California is to make sure to provide employees with anti-harassment training.
California law and regulations require employers with 50 or more employees to provide interactive harassment prevention training to all supervisors located in California. A supervisor is any employee with the authority to hire, fire, assign, transfer, discipline or reward other employees. New supervisors must receive the training within six months of assuming supervisory responsibilities. At a minimum, supervisors must receive training every two years.
The harassment prevention training for California supervisors must include the following information:
- A definition of unlawful conduct under the Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964
- FEHA and Title VII provisions and case law principles concerning the prohibition against and prevention of sexual harassment, discrimination and retaliation in employment
- The types of conduct that constitute sexual harassment
- Remedies available for sexual harassment victims in civil actions and potential employer or individual liability
- Strategies to prevent sexual harassment in the workplace
- An explanation about the limited confidentiality of the complaint process
- Practical examples that illustrate sexual harassment, discrimination and retaliation
- Resources for victims of harassment
- The employer’s obligation to conduct an effective workplace investigation of a harassment complaint and take remedial measures to correct harassing behavior
- A supervisor’s obligation to report any complaints of sexual harassment, discrimination and retaliation of which they’re aware to a designated corporate representative, such as a human resources professional, so the employer may try to resolve the claim internally
- How to prevent abusive conduct
- What the supervisor should do if he or she is personally accused of harassment
- The essential elements of an anti-harassment policy, and how to use it if a complaint is filed
Additionally, the anti-harassment training should be comprehensive to include discrimination and harassment that may be based on protected classes other than sex, gender, sexual orientation or gender identity. These protected classes are: race, religious creed, color, national origin, physical or mental disability, medical condition, genetic information, marital status, pregnancy, age (40 and over) or military/veteran status.
For information on how to access the best anti-harassment training for your organization, contact our HR Solutions experts.
Tameka Young is a Senior Consultant for the HR Solutions Group at Armanino LLP. She has a BS in Business Administration from CSU Dominguez Hills and over 10 years of experience in HR, specifically with employee relations, compliance, and talent management. Her hobbies include reading, napping, taking photos of her dog, and correcting grammar in printed publications.